“SECRETARY OF LABOR,Complainant,v.MONIAROS CONTRACTING CORPORATION,Respondent.OSHRC Docket No. 90-1668_DIRECTION FOR REVIEWAND REMAND ORDER_On October 22, 1990, Respondent, Moniaros contracting corporation, fileda letter with Administrative Law Judge Irving Sommer which sets forthobjections to certain terms contained in the judge’s Order ApprovingSettlement, which was docketed with the Commission’s Executive Secretaryon October 25, 1990. Deeming Respondent’s letter to be a petition fordiscretionary review, and based upon a preliminary examination of theofficial record, the Commission, pursuant to 29 U.S.C. ? 661(j) and 29C.F.R. ? 2200.92(a), hereby directs this case for review.In the letter of October 22, 1990, Respondent implicitly raises theissue of whether the parties have reached a full settlement of thiscase. The Commission is unable to decide this issue based on the recordas presently constituted. The judge’s order is therefore set aside andthe case remanded to him to determine whether the parties have reached afull settlement of this case, and to take any other steps necessary forthe disposition of this matter.Edwin G. Foulke, Jr.ChairmanVelma MontoyaCommissionerDonald G. WisemanCommissionerDated: November 15, 1990————————————————————————ELIZABETH DOLE, Secretary of Labor,United States Department of Labor,Complainant,v.MONIAROS CONTRACTING CORP.,Respondent.OSHRC Docket NO. 90-1668_STIPULATED SETTLEMENT_ROBERT P. DAVISSolicitor of LaborPATRICIA M. RODENHAUSENRegional SolicitorSTEVEN D. RISKINAttorneyU.S. Department of LaborAttorneys for ELIZABETH DOLE,Secretary of LaborPatricia M. RodenhausenRegional SolicitorU.S. Department of Labor————————————————————————ELIZABETH DOLE, Secretary of Labor,United States Department of Labor,Complainant,v.MONIAROS CONTRACTING CORP.,Respondent.OSHRC Docket NO. 90-1668_STIPULATED SETTLEMENT_Based upon the following recital, the complainant and the Respondentherein agree to the following as a conclusion of this matter:1) The Secretary hereby amends the proposed penalty to reflect a totalproposed penalty of $3000 as follows:CITATION NO. \tITEM \tORIGINAL \tAMENDED1 \t1 \t$250 \t$170\t2 \t250 \t170\t3 \t250 \t170\t4 \t1000 \t500\t5 \t1000 \t500\t6 \t810 \t490\t7 \t1000 \t500_8 1000 500 _Total: $5560 $30002) Based upon the above, the respondent herein withdraws its notice ofcontest as to the Citation No. 1 and the proposed penalty as modified.3) Respondent affirmatively states that:a) The violations alleged in Citation No. 1, Items Nos. 1, 2 and 3 shallbe abated by November 5, 1990.b) All other violations alleged in Citation No. 1 have been abated.c) It will comply in the future’ with the Occupational Safety and HealthAct.4) Respondent certifies that on or before October 12, 1990, thisStipulation will be posted where affected employees may see it.5) It will pay the amended proposed penalty of $3,000 by forwarding acheck made payable to Occupational Safety and Health-Labor in thatamount to the Occupational Safety and Health Administration Officelocated at Bayside Area Office, 42-40 Bell Boulevard, Bayside, New York11361.6) Each party hereby agrees to bear its own fees and other expensesincurred by such party in connection with any stage of this proceeding.DATED: August 15, 1990New York, New YorkROBERT P. DAVISSolicitor of LaborPATRICIA M. RODENHAUSENRegional SolicitorBY: STEVEN D. RISKINAttorneyU.S. Department of LaborAttorneys forELIZABETH DOLE,Secretary of LaborMONIAROS CONTRACTING CORP.BY: ___________________________————————————————————————ELIZABETH DOLE, Secretary of Labor,United States Department of Labor,Complainant,v.MONIAROS CONTRACTING CORP.Respondent.OSHRC Docket NO. 90-1668_ORDER APPROVING SETTLEMENT_Respondent in OSHRC Docket No. 90-1688, by a letter dated June 1, 1990contested citation no. 1 issued to it by Complainant on May 9, 1990. Inthat letter, Respondent also contested the penalties proposed byComplainant for that citation. Respondent’s letter did not contestcitation no. 2, also issued to it by complainant an May 9, 1990, whichcitation has become a final order by operation of law.An executed Settlement Agreement has been received from the parties, andthis Agreement addresses all matters at issue between the parties inthis proceeding. The Agreement having been read and considered it isORDERED: (1) That the terms of the Settlement Agreement are approved andincorporated as part of this order; and(2) That this Order, pursuant to Section 12(j) of the Act, 29 U.S.C. ?661(j), will become the final order of the Commission at the expirationof 30 days from the date of docketing by the Executive Secretary, unlesswithin that time a member of the Commission directs that it be reviewed.Dated this 23rd day of October, 1990.Judge, Occupational Safety& Health Review Commission”